Loading...
HomeMy WebLinkAbout010-941-33-4203-APP-2019-001 SAWYER COUNTY Sawyer County Zoning&Conservation 10610 Main Stree[,Sui[e 49 Hayward,Wisconsin 54843 � (715J634-8288 �� kathy.marks@sawyercountygov.org � January I5,2019 Town of Hayward �AR 19-001,Keith&Linda Ryan KeiYh&Linda, YourAdminist�ative Appeal#19-001 against the Sawyer County Zoning Commiftee's decision in denying the Conditional Use application case#18-022 was�eversed and the Conditional Use Application#18-012 was approved with conditions on January I5,2019.Please see enc%sed information on these conditions. Any person or person(s)jointly agg�ieved by this decision of the 8oard ofAppeals may commence as adion in the Circuit Court for Writ of Certiora�i to�eview the legality of this decision within 30 days aRer the date of this notice. If you have any questions please call or email me at the above info�mation. Kathy Marks Deputy Zoning&Conservation Administrator Enc. S AW Y E R Sawyer County Zoning & Conservation C O U N T Y .4dministretion 10610 Main Street, Suite 49 Hayward, WI 54843 O�re (715J 694-878B, Direct(715) 638-3225 E-mail.• kathy.marksnasawye�countygov.org ��� � January 16, 2019 Keith & Linda Ryan 16081 W Pa�k Road Haywa�d, WI 54843 Re: Appeal case #19-OOi against ConditionaJ Use case #I 5-012 Keith & Linda, You�Administrative Appeal #19-001 against the Sawye� County Zoning Committee's decision in denying the Conditional Use application case#18-022 was reversed and the Conditional Use Application #18-022 was app�oved with conditions on January 15, 2019. Please see endosed info�mation on these conditions. Any pe�son or pe�son(s)jointly agg�ieved by this decision of the Board ofAppeals may commence as action in the Circuit Court for W�it of Ceitioraii to �eview the legality of this decision within 30 days atter the date of this notice. If you have any questions please call or email me at the above information. Thank you, Kathy Deputy Zoning & Conservation Administ�ation Enc. Motion by Mark Olson that the decision to deny by the Zoning Committee's be reversed and the CUP be approved with conditions for the following reasons: The Zoning Committee's action was arbitrary, oppressive, or unreasonable and represented its will not itsjudgement. The Zoning Committee improperly drew conclusions without "Substantial Evidence° for denial and accepted the personal preferences and speculations from :Opinion Letters" read, testimony, and Committee members own speculation & personal preferences without consideration of Applicants testimony or Ordinance intent. The evidence shows the "Motion to Deny' with its findings of Fact & Conclusions of Law was based on personal preference & speculation: 1. Damaging to the rights of others and property values. a. Speculation: No substantial evidence presented to reach this conclusion only speculation...1.e. no evidence by appraiser comparables that this would reduce property values and no substantial evidence that it would damage the rights of others that have built near C-1 property where it, under ACT 67, is compatible with surrounding uses (i.e. build next to an airport can't complain about plane noise). 2. Cars from 8 room hotel means 8 vehicles, how many cars come in to be repaired in shop, the number of trucks & trailers from U-Haul seen 1 or 2 up to allot more. If you add more cars for a used car lot, I think pretty obvious would be congested and eye sore. a. Speculation� No substantial evidence presented. Although, numerous concerns raised were due to conditions of currently authorized uses (motel, car repair, U-Haul rental) and speculation that other things would get worse. Applicant denied all but having 4 tires he gave to someone who hasn't pickup up. Current State law allows sale of 6 (12 with spouse) autos without a permit & is currently being done. 3. Highway or traffic access problems a possibility. a. Speculation: No substantial evidence presented to support. There is a turn lane on Hwy 27 from both directions and in evidence neighboring business in the past supported gas station tra�c. 4. Certain it would create an objectionable view. a. Speculation: No substantial evidence presented to support. Although, numerous concerns raised were due to conditions of currently authorized uses (motel, car repair, U-Haul rental) and speculation that other things would get worse. Applicant denied all but having 4 tires he gave to someone who hasn't picked up. Current State law allows sale of 6 (12 with spouse) autos without a permit & currently being done. 5. Would not be compatible with surrounding uses in area. a. Speculation: No substantial evidence presented to support. The strip along Hwy 27 is zoned "C-1", Current Act 67 denotes that if listed as a conditional use it is compatible with surrounding uses. 6. All letters against in one fashion or another & the Town Board has denied — but don't know reason why. a. Speculation: No substantial evidence presented to support. Are relying on neighbor's opposition. Neighbor's opposition without substantial evidence is not basis for denial. And that the CUP be approved with the follawing Conditions: 1. CUP only valid for current applicant, non-transferrable. 2. The total number of vehicles owned but not licensed to Applicant limited to six vehicles at one time. 3. The total number of vehicles placed along Hwy 27 frontage for sale is limited to three at one time. 4. The placement of vehicles for sale placed along Hwy 27 frontage must comply with all road setbacks & roadway visual triangle. � 5. Hours of operation Monday through Saturday 9am-Spm. 6. Signage must comply with sign ordinances. 7. No additional lighting. 8. Storage of all related accessory items (old tires, fluids, parts, etc.) be stored under roof(indoor) or behind barrier 6' tall. 9. Applicant must comply with all laws applicable to a used car establishment. Finding of Fad: 1. The applicant is requesting a CUP for a "used car" establishment. 2. The "used car" establishment is a use authorized by conditional use in C-1. 3. The property is zoned C-1. 4. The property is currently being used as commercial and has for numerous years. 5. The property has adequate access to public roads: Hwy 27 and Park Road. Additionally, Hwy 27 has turn lanes both directions. Conclusions of Law: The 80AS finds& concludes the following regarding the Standards of Review for Conditional Use Permit. The BOA shall consider the effect of such grant on the health, general welfare, safety, and economic prosperity of the town and of the immediate area in which such use would be located. • Is the proposed use permitted in the zone by conditional use permit? Conclusion:The proposed use is permitted in the Commercial One(C-1)zone district by conditional use permit. Findings: Sawyer County Zoning Ordinance 17.6(B) (2) provides opportunity for the proposed use as a conditional use permit: New and used cars sales establishments. • What is the nature of the request? The applicant is requesting a conditional use permit for a used car sales establishment. • Will the proposed use be injurious to other property in the immediate vicinity, negatively change the establishment character & quality of the area, cause possible hazardous, harmful, noxious, offensive, or nuisance effect resulting from noise,dust,smoke, odor, and other factors? Conclusion: the proposed use will not be injurious to other property in the immediate vicinity and will not negatively change the establishment character& quality of the area,and will not cause possible hazardous, harmful, noxious, offensive, or nuisance effect resulting from noise, dust,smoke,odor,and other factors. Findings: The BOAS finds a used car sales establishment in this location with the conditions proposed would not be injurious to other properties in the vicinity nor will it negatively change the essential character of the area. The primary use of the surrounding properties along Hwy 27 is commercial and the proposed use is authorized and therefore, under Act 67,the use is compatible with the district. • Will the proposed use negatively impact its physical attractiveness,existing topography,drainage features, erosion potential,vegetative cover,the prevention and control of water pollution,the location with respect to floodplains and floodways? Conclusion: the proposed use will not negatively impact its physical attractiveness, existing topography, drainage features, erosion potential, vegetative cover, the prevention and control of water pollution,the location with respect to floodplains and floodways. Findings: The BOA finds that with the conditions proposed there will not be issues with the proposed used car sales establishment in regards to its physical attractiveness, existing topography, drainage features, erosion potential,vegetative cover,the prevention and control of water pollution,the location with respect to floodplains and floodways. • Does legal access to the subject property for the development exist or will it exist at the time of final plat? Conclusion: Legal access exists for the subject property of Hwy 27 and Park Road. Findings: Access exists to the current residence on the subject property. Additionaly, Hwy 27 has turn lanes in both directions. • Will essential services be provided to accommodate the use including, but not limited to, school facilities, police and fire protection, emergency medical services, irrigation facilities, and will the services be negatively impacted by such use or require additional public funding in order to meet the needs created by the requested use? Conclusion: Essential services will not be provided and this application will not negatively impact existing services or require public funding. Findings: The request for a used car sales establishment will not significantly affect essential services nor will it negatively impa[t them. • Are the conditions imposed related to the purpose of the ordinance and based on substantial evidence, reasonable and to the extent practicable, measureable and may include conditions such as permiYs duration,transfer,or renewal? Conclusion: The conditions imposed are related to the purpose of the ordinance and based on substantial evidence, reasonable and to the extent practicable, measurable and may include conditions such as permiYs duration,transfer, or rewnewal. Findings: the conditions are based on the following substantial evidence: - Current law allows limitation of CUP to applicant.#1 - Applicant is currently allowed to sell 6 vehicles (12 with spouse) under current State law without a CUP, and is doing so. Therefore limiting Applicant, due to property considerations (such as size, structures, other uses, etc.)after site visit, it would be appropriate to limit the: 1. Amount of autos owned but not titled to applicant on site and, 2. Amount of and location of autos placed for sale.#2,3,4. - Current law for auto sales establishment limits days of operations therefore would be appropriate to limit hours of operations to normal business hours.#5 - Current ordinance addresses signage,therefore would be appropriate to limit signage.�6 - Based on site visit,the site has adequate lighting for proposed use and therefore would be appropriate to limit lighting to the current two lights.#7 - Based on site visit, locations of neighbors, & location of storage areas the limiting of auto accessory items(tires, parts,etc.)to be under roof(indoor),or behind visual barrier 6'tall would be appropriate as areas for storage and would be in sight line of neighbors.#8 - There are numerous laws and ordinances that are applicable to auto sales,therefore would be appropriate to make applicant subject to.#9 Roeker questions Mark Olson if he wrote the findings&conclusions himself. He responded that yes he did,AI Gerber, Chairman says we have a motion on floor and need a second to the motion. Discussion by Board to add after under roof to add "or behind visual barrier 6'tall". Mark Olson amends his motion to include visual barrier 6' tall. Second by AI Gerber. Discussion by Board. Mark Olson as he listened to the Zoning Committee meeting the applicant was cut-off many times and there was many speculations and lack of evidence in the opinion letters.AI Gerber stated that the Zoning Committee lost sight of what the applicant was wanting. All in favor 4 to 0. Motion carried. Motion to adjoun by Rusk, second by Olson at 9:12pm. � I � . . �, �� � � �^ � SAWYER COUNTY ZONING & CONSERVATION DEPARTMENT 10610 MAIN STREET SUITE 49 • HAYWARD, WISCONSIN 54843 • Phone (715) 634-6463 Email: Jay.kozlowski@sawyercountygov.org Website: www.sawvercountygov.orq July 23, 2019 Keith & Linda Ryan 16081 W Park Road Hayward, WI 54843 Re: -Complaint received for conditions of CUP 18-022 On July 19, 2019 our office received a complaint that the conditions as set forth of your approved Conditional Use Permit are not being met. I have attached the conditions as approved for your case. The complaint address that the vehicles may be parked in the visual triangle along 27 and Park Road, that the hours of operation are not being kept properly, and that the storage of related accessory items must be behind a barrier of 6' tall. If the condition, as set forth, are not being complied with The Sawyer County Zoning & Conservation Department can issue citation on this matter and also pull the Conditional Use Permit. At this point please make sure the conditions are being complied with so that we can avoid any future enforcement from the Sawyer County Zoning & Conservation Department. Jay Kozlowski 5--- �/ � s Sawyer County Zoning & Conservation Administrator . Real�E�tate Sawyer County Property Listing Property Status: Current Today's Date: 10/9/2018 Created On:2/6/2007 7:55:23 AM .��D�_�r�k�tl Updated: 10/27/200II '�' Ql�y.n��ltiP Updated: 10/27/2008 Tax ID: 132f37 LINDA M RYAN HAYWARD WI PIN: 57-010-2-�)i-09-33•9 OZ•000-000030 KEITM M RYAN DBA EDELWEISS MOTEL MAYWARD WI legacy PIN: 010941334203 Map ID: .14.3 BilBng Address: Mailing Address: Municipality: (O10)TOWN QF HAYWARD KEITH M&LINDA M RYAN KEITH M&LINDA M RYAN STR: S33 741 N R09W 160II i W PARK RD 16081 W PARK RD Destription: PRT NW5E HAYWARO Wl 54843 HAYWARD WI 54843 Recorded A[res: 3.690 Calculated Acres: 3.875 � �i�EBttdr.�ss ' �ndicates Private Road Lottery Claims: 1 16081W PARK RD HAYWARD 54843 First�oilar: Yes Zoning: (G1)Commercial One � �rq�ac_ q5s,��s.�1�t�S Updated: 11/9J2015 t�Y_... � ESN: 44A 2018 Assessment Detail Codc Acres Land Imp. � Tax g��rj�;� Upcf�led: 2/6/2007 G2-COMMERCIAL 3.690 75,100 186,300 1 State of Wiscansin S7 Sawyer County 2-Year Comparison 2017 2018 Change 010 Town of Hayward Land: 75,1Q0 75,100 0.0% 572478 Hayward Community School District Improved: 186,300 186,300 0.0% 001700 l'echnical CoUrge Total: 261,400 261,400 O.O�o = ftecorcl�*ci Dn�;un����its Updated: 10/27J2008 � � QUI7 CLAIM DEED t:.�t Property History Date Recorded:929/2008 35t�1 c?.� N/A Q WARRAN7Y DEED Dale Retorded:9/25/2006 ��`� 1`-� Sawyer County Zoning & Conservation 10610 Main Street, Suite 49 Hayward, Wisconsin 54843 (715) 634-8288 D �v� kathy.marks@sawyercountygov.org ' V���� ` March 18, 2019 Keith & Linda Ryan 16081W Park Road Hayward, WI 54843 Re: Request for Reimbursement for Administrative Appeal #19-001 Keith & Linda, On March 15, 2019 the Zoning Committee denied your request for reimbursement of the monies that were paid to the zoning office to appeal the committee's original decision. Motion by Paulsen to deny the request for the refund, second by Bassett. Roll call finds: Morgan — yes, Buckholtz — yes, Paulsen — yes, Bassett — yes. All in favor. Motion carried. If you have any questions please free to contact our office. Kathy Marks Deputy Zoning & Conservation Administrator � ; ; � z/�9/zo�9 Sawyer County Zoning&Conservation Administration �06�o Main Street Hayward, WI 54843 Dear Zoning Administrator, We are writing today in regard to Administrative Appeal #�9-ooi, where the decision to deny the Conditional Use application was reversed. We would like to request a reimbursement for the monies paid to the zoning office to appeal the board's original decision. We feel that our application should not have gotten to an appeal situation based on the lack of substantial evidence provided by the board.The appeals board proved that there was no such evidence provided to deny our initial application therefore reversing the original decision. At this time,we would like you to consider a reimbursement for the $50o paid for the appeal. Si cerel , �� _ ,- �/' Ke' h Ryan � Linda Ryan Owner Owner . - ..: •. � } ., �� •.- ra c.: �� Ward Wm. Winton ,e►ttorney at�aw P.O.Boz 798.76D42 Wek Sxond 66w! �n Haywud.NMwnNn 6�0�13 ^ . 1 TNphons: (7 8I09A�460 � � ''y .1 Fet Q16)W�-E069 � JAN 2 8 2019 t-� January 24,2019 �,^' � ' �1��tN,�:,�.�iaN Sawyer County Zoning Attentfon: Kathy 10610 Main St.,Suite 49 Hayward,WI 54843 Re: Conditionsl Use Applicatlon '18-022 Linda aad Keith Ryaa Hearing 1-15-19 Re: Varisnce Request,John aad Pam Bwa,Hewring 1-15-19 _ ATTORNEY C GES FO PROFESS AL SERVI S DATE ACTION TAKEN � 12-17-18 Telephone conference Dale Olson �2 t2-21-t8 Telephorto conforence AI Qerber •1 1-14-19 3 telephone conferonces Zoning,Obtain hearing information .3 1-15-19 Review Documents,bot6 6ks,hearing, both 61es 43 4.9 TOTAL ATTORNEY T[ME TOTAL ATTORNEY TIME: 4.9 HOURS (r�570.00 PER HOUR� $343.00 OC ST5 Fees: Copies and Postage: $12.20 TOTAL ATTORNEY TIME AND COSTS: $ 355.20 Purauant to the Fair Debt Colleclion Rxtfas Act,you am given t6e following Wfaautiai: This b en enempt to colkq n debt My intormetlan obtelned wFll bc uscd tor that purpose. Net 30 deys. Servia charge of 1 i4%per manth w 18%per year charged on unpetd balance. / j ; � � � i � . � ; �; E a � ��� � �o y � � P'`� � / . R. �r '• ;2 15 �... . ._ - � . ---5---- I . SJJ - SE :�C :,� iD 16 !T SVJ SW r<-s -_ �� - — � . g � � �� � � % � � , _ , ; � �__ _ _ _ _ �___ --� : , � � � � � jo j � � — �--- � �-- o � � KA�� � � —��c � . r NAME ' __� 'Z j �y , i i � � � Q �/ _. _ .___, �� y N � V � / % � y I .i � � � W f / ' ' _ _ f,1 � ' Z I � —_ � �� � � � ` ` � I / � i . _ I � 'A R � � I �I �� 3 _ � . (� I - � �[:I i� i� ', . :� �; �. ��. , '� I � ! 4 � . . N W'-N —/��� �----- � NE � � I — _� �� Iv W N Vv --'-- ��' �.� '' � E � — _ �,,,.,... I i y I i � — �- ,. I� ; � � / _ � i 7 -- � _� i /� i i � .Y �'�. - , — I __ _�_—_; ----� � � � ,� ,y � � aa�'�''3�',.:v� 4�' I � — --- --��� � ,/L— -- —r----�-- ; , , � ���� �rl.: 3 �e; ( . _.. ._ ._. __ , 1 Mi"',�'. -Y�iy.� I . � ; .. �w� NE � � i � � ROAD rRa� — - �— sE __�_=_L— � � n �.x � EF �cr. K � ru I �_ i� EEK �o � j GP o f � � � � � I ;. � i; o � I �' o I ;� � � i ' , - �-� I i �p � � ` � <i, . .. � � C� ���;� �� � �� w � �R� � a Q i ,�b I � 3 If �.—' � � ; , : � � � �E � � NNY LAN S I i � SUNSHINE ACRES LANE � ti _ _ �-- i .�. � . � a a4 � � I � � � I i I OAD � I � � I ^+�� � �. r . � � � � � 'l � 1 / -� n , � � � � � � � , � � � � � -- , , , 1 --� -- N -.-� � . I � . ' � � �_1 �",i% o ' j' /% - � ,a ___ J � �. ',: �-_ -'�;-� /� j ca_!�.:�-I C-/ _ � � � A- _i -�� ' � �iil,'� �� � / � � � ��� �_S�' ����� � � �� ��� �}��� � �� �:� � 1'�� )�� � � � � 'i-- � � I ( _ _ � i �� � z � / /„�; � J } i / ` �� �,_i \ �, L_ � � f ,;;- y�� i R- � RR,� �= y � i R-, ��.- 7�� , �� � �.�f. �/� �� f�.i � � ` � W � �DO O � < k,�� z-`j � __�� � k �.,.t - // ���OO�� �5�.. �J� \ II � ,a`�'y,, FH,Fi .i+#' 1 p T � / �� �,�„�.� /i;�/���� 1� �� R , /i.� � �, R-/ \ � � �%���' -��0 � A1 ��� . ii+ _ DRIVE�- a.�� �' �'---_ VA �� � G,I _TO IN ��- �_� V A i A� TNEATEq�' QD I \f � � � i i � ��� '� � �� ������ � ��� �k � �� � ;; ;, _� 1 , . r � i 1 g (� �V � i� � , � //�/ / -- -_ _ I199 �C / �/ � �� / �' � . L/� o-Q� � // //, � � � ��� ���'��� C� � T I ' ' �i � j�ti�;,� ' �-�.\' �;� \ ;i, ,�,, mJ _ . �� � � 7 � �. � � �,/ �//�j � ��/�� �, —_ + � /, �i-µ � II—J(/ / /� � /� �/; �y�;�- %�� // �/' �R`=-1 �C-I z '4-��i. -3 / ; ' � � 0. � � R-/ �_ _-- ' �; / 0. � � �R-� q-f �� „ � ' i , �, , i � - � �%i�; ii��. �% / � _ J ` ��Y �,tij a � � ,� �� � W�� �ti' p, �._�-., ��, , � � , w � �, J-� i,(�. i � ,� 4� � ; 35 � = _--____ , � � � � II /�,> � � , A—/ \ � � F—� '�x ` R�`� , \ � ^� Y� - `�-� �V�IARD � � �� A-� a r n__ - � _l --�� �- � ��S�¢�� LA� ---�-i���� _-y—AR�I� NELSON H-� I� �f__ IawiN sM�7ti - ..�6 TRAI�kR . , ,�1.�.,yy�Ar.%/� �.jf��N�,n� �O��RT ��,�,� ��;�a, �_ � � 9 �`� p. �� Fz�—i � " � � 1 � r^ —� � .��c�J ._ 1. /� I APPEAL OF DECISION MADE BY THE SAWYER COUNTY 20NI�NG-I��N/�� COMMITTEE _ . Date: 11/29/2018 -� . � . ..;��r ;� - K`<,� � �; CO+��N;.:t, * �•4vM_�. �.. �;.r��a':�:-�,r.u_�N Appellant(s): Keith and Linda Rvan ' Address: 16081 W Park Rd, Havward, WI 54843 Telephone #: 715-634-4679 Email: Property description: PRT NWSE Sec 33 T41 N R9W Deed # 356103 Acreage: 3.69 Zone district: C=1 Present use of property: Commercial Motel and Auto Repair Service Used so continuously since (date): Since we owned it in Approx. 09/2006 The undersigned hereby requests a review of a decision made by the Sawyer County Zoning Committee at a public hearing held on (date): 11/19/2018 Decision of the Committee: A. !t would be damaqinq to the riphts of others and,vropertv values. 8. It would not be compatible with the surroundinq uses and the area. C. It would create an objectionable view. In my opinion, A: there is no evidence that their will be and damaqe to anv of the surroundinq neiqhbors as I have been operatinq here for manv vears and have NOT shown anv damaginQ evidence to anv member of the communitv by operatinq, the wav I do. Also, there is no evidence of decrease in property values. No member of the board stated thev are an assessor nor real estate aqent to substantiate their claim. B: This property alreadv is running as motel and auto repair facilitv. The surroundinq area alreadv has a commercial convenience store/liauor store (use to sell qas) kiddy corner to this commercial property and has an operatinq RV/Campqround directiv across hwv 27. These corners are already runninq as commercial so there is no non-compatibilitv here. C: We alreadv operate our business within the proper easements and will continue doinq so, so there shouldn't be anv obiectionable views. It is my opinion that the Committee (�/did not) keep within its jurisdiction when making its decision. [Justify your opinion.] Act 67 is clear that "upon addinq a conditional use to a zoninq district, the municipalitv reiects, bv that very act, the argument that the listed use is incompatible with the districY'. Substantial evidence is defined as "fact and information, other than merelv personal qreferences or speculation, directiv pertaininq to the requirements and conditions an apqlicant must meet to obtain a conditional use permit and that reasonable persons would acceqt in support of a conclusion". It is my opinion that the Committee (�/did not) proceed on the correct theory of law when making its decision. [Justify your opinion.] There was a motion made to denv before discussion was even held. The committee based a portion of their decision on the Town's decision. Town decisions are advisory onlv, 2"d we were not informed of the Town's meeting date nor their decision until we arrived at the countv's meetinq. It is my opinion that the Committee's decision (was/was �) arbitrary, oppressive, or unreasonable and represented its wili not its judgment. [Justify your opinion.] There was discussion bv finro members to offer conditions, but the motion died for lack of a second. It is my opinion that the evidence was such that the Committee (se�l�/could not) have reasonably made the decision in question. [Justify your opinion.] Discussion was hefd reqardina how manv commercial enterprises a sinqle propertv could have. It doesn't and shouldn't matter. None of what was qresented could be defined as "substantial evidence". Real Property Listing Page http://tas.sawyercountygov.org/system/REAL_PROPERTY/REAL.. RC'al EStdt2 Sawyer County Property Listing PropertyStatus: Curcent Today's Date: 12/12/2018 Created On: 2/6/2007 7:55:23 AM �pescription Updated: 10/27/2008 '� Ownershio Updated: 10/27/2008 Tax ID: 13287 LINDA M RYAN HAYWARD WI PIN: 57-010-2-41-09-33-4 02-000-000030 KEITH M RYAN DBA EDELWEISS MOTEL HkYWARD WI Legacy PIN: 010941334203 Map ID: .14.3 Billina Address: Mailina Address: Municipality: (O10) TOWN OF HAYWARD KEITH M & LINDA M RYAN KEITH M & LINDA M RYAN STR: S33 T41N R09W 16081W PARK RD 16081W PARK RD Description: PRT NWSE HAYWARD WI 54843 HAYWARD WI 54843 Recorded Acres: 3.690 Calculated Acres: 3.875 � Site Address * indicates Private Road Lottery Claims: 1 16081W PARK RD HAYWARD 54843 First Dollar: Yes Zoning: (C-1) Commercial One a««,,,anr U dated: 11 'J p1DR4dIy .------..._. _ P /9/2015 ESN: � 2018 Assessment Detail Code Acres Land Imp. `� Tax Distrfctr Updated: 2/6/2007 G2-COMMERCIAL 3.690 75,100 186,300 1 State of Wisconsin 57 Sawyer County 2-Year Comparison 2017 2018 Change O10 Town of Hayward ��d: 75,100 75,100 0.0% 572478 Hayward Community School District Improved: 186,300 186,300 0.0% 001700 Technical College Total: 261,400 261,400 0.0% +� Recorded Documents Updated: 10/27/2008 O QUIT CLAIM DEED � Property Hisbory Date Recorded: 9/29/2008 �3 N/A � WARRANTY DEED Date Recorded: 9/25/2006 341779 1 Of 1 12/12/2018, 2:05 PM ` , r. Town of -�1�3�1�.-��''���-'� Sawyer County �• -- �� �� `r� z�r€�. � � - � +�.. .. � }`�'�_ ` ��''��� � , / %� f,,: �__.: /;� ; Subject:Conditional Use Applicatlon �� i ;:�;' � :���'' � � "�;;�� �__ I To:Sawyer County Zoning&Conservation t., ___�__ 10610 Main Street,Sufte 49 $AY�YER G:1URTY Hayward,WI 54843 „���+�'Na A�tJ'l�41`;Tii�-.`;r`,,.. E-mali:zone.deputy@sawyercountygov.org � Owner: % Address• � �`���,,,�i,����,� i �„�_ t� �- � '� � Phone#�: ���1 ��%�{-����(��� �l E-mall address: �.�,�,�1 i?;y��r' �!�'.' (: `:l� '� 1��� ( ���"�'� Property description: �� I� , � �3 � � � � ��`,� � � SE. �� Legacy PIN ID� L�� C�`�`'� l �3�� �-� � Acreage: � �� Property is zoned: ��__ I Permit is desired for: _ ' � _ � l�� , , - ; � � , ��- ��-� �-;��.�c�r� �, � ; �� �- 'Please Print&Sfgn( roperty O e ) Date The above hereby make application for a conditional use. The above certify that ihe!lsted information and lntentions are true and correct.The above person(s)hereby give permission for access to the property for onsite inspections by Sawyer County Zoning Staff. Name,Address,Phone&E-mail of agent: Date of Public Hearing:�QU` !� �D � � (Office Use) (Revised 12/2016) m � c a� m � � � ,,:;:;� o � = -� X � m � � -a -. a � � � � �r u >` � �- c o e� w � a � � � c� . � � � � o S�' � > a � � � � - as o � �, � -� r � w.. � � a�o 3 �' O p � � �v � ' C Z � Y � � v� Q � . . w; c � �' c� Qp � = c� . � � � Q `� O Lt < � —r r` � � (� =' >" � t�C Q � � -:: LL' W .— T �.v�i .y N .a C € � V c L ,N tg •� � � ci � r�v ' E °i � E � o` C � 'C L �j I � N p i0 N � � .0 , � C N � � j � 'N � c0 tn + 41 7 I J m • A � ,���' .o[rel'thcutu .. ,� . � �-� Q�� s ``� �' a� �'L� 1� `v � :f '�„�' li agb'�, o _ � _ � . `t �� t�'+ � � ^�n)'�'� � '0-: � � 1 � �� '� � � � � � � 't' � Q� ��,b � — � `i,! � a � t �`� � -, -� � S � ,v ��a��` � � �� �1 r, J � ti � � �C � � � � f .� �i Y '� q � � J' � � :' � � � �r " � a C�� � � � � �j o ���1 'r _ r.. o � � �, C�t � y' '0 �C ,�, `(1 M C"� � �, rJ � r :d71E��tdO�� � au�:•r.:aiv� M �� Q � �f :.? � � �`��� •� t'1 G7+ "� d�LY'�L'tpGUl4� $6lYtf�v6U4ll e��i � � vi ��� �7 � �� ��,r �� t. M'�' �`,\ � � � e+1 �C� � � r t`W1 `7 � C �' . "+� `� �, v �r T A :; � � N � , J � � � "' � �� � ,. N :� o s ,� � ; `� � � : A: Pt �.�o t�+ • � cr � ' b� �� :* �� ,� � `-h _ e� ;� . J s � l�i � ,� � �'� c) �.1 cn N, � � J 3 ; �;: -. s � � � v� � j w ���A`�1.1 Y� Q � � 1. � � �� r `s.:'„�-•`�..' r V7 ,�, � O � �� � �• N:,;:'� ' 'J ` �' � �O ,l�'j�,��ff ;' 4 Cv 't ��a - � 4 ,. ,�, � � �r .. , = v � ~�� K r��r +i /f`f-=��'�,''C�+'-��' ' 4. Y � = �ua�cc�rgoto o � • -- � .��rd'.����1 ` '�.`�""",,,��_.. .�.-;�-,�.. : --�.�'^..-�..,,—e-,�--.�._,_.,_,.._�_..._._,... ��� .�c��1K1� ___._.,�,.,�:: , cavz�cwrao4oa uatecc�rso�r, z . ^ �.� � vv "" ;. . q �� . ,, . �orZCCtr6otu } '�'M �; '�� _} -��vs3/� N c� � , ^�;� �� 7 �� � � v ` �Q� r�� t^ .+ � f � � � ��v .,� . � �-�� - � _ � Z -�v"--r �a�� _ o a�� a � < .- +-" rc�'' ���U` �^^ 'f.Y 1.> ()U� N�`� f�4LE�£4i�tiiltQ 194££ilr6utG o r �• �,"".' ;y .�.. n.y.y,y •�. '- ,., , �':. . �. . �, . .. . • .. � +:<a �� , `�� ; , � , ,�i.. � =:: r . � x � . ��4 , � . .: � � + �= r ., '�:,. , � . . n k . . � . �_ . �:`> ' . . �« r 'a�-�� ;.':; ��m ,_�e +t'. _ � ' r, � .,4i1 ' pi'. ; _ � P�.`s r 2 � g�,, .{e; t .q� c�.r� .t.:. '� �t„ ,:� i, : `�� �� ��'� ..�'.� ` � '�;, k� " �` p� i ,+ t; f �. . ,a t �. .��� ,t,r a...� , ;� `' 's � . . ,n� � J �� : ,ak� � . ,.+{��� ,� .� .�'. , " ,. . � 5" `.i�v '�'". �'�� ;�� u. ;;�� ,� ,3 � � � '� � "� : i'� ����.. „�+ �i A� a�.. . �.: ,�a � - S �.�., ` al' ��� �t��'R�' i�. �. h.:. > t°�r � �' 1.'��' ��` � s y �j��J. ..� �l.�e}��4 I t � .-e` r,rs� �n '� �� _ �.y. .� � . � t � y � �� i� ` >• s'`'� � .a � � {,. 4-�f �' ,� d F _¢ � �t ,�L. � � •4��,��.��a � '8`�� «_ � f. i�� " ,e. a °' e..F � '0,�„T ,�� �;:� �' � 5 . `:,� � �, ��" � t�'� t' '� .q�^�F .� +rs�. �� .� �t��.."- �h. v. .u`x � +�. �' ` ��� � �'�;r'� , ..� �� ,���, ,�. . o.: . . ' . . � ��� ,� �,� ��, ,. " . � . ,,� •��',��,•���", ,�, �. � �� ��� .��; � ��`�; , '��'���.4� .0�qp A�..: �.Jt. ,t�. X /Y a•r\sa��^ xT3c" P J �A�'�� ��.� •' �' f? � � � � �� �' `� `��' .+. I�` .� P';,'.:. w s< �� ,�i � ��` �.. � #� .?°' .�� ,�a ...�, � .Y�_�� �'�:Y� �T o3 'F i��1.� �.. ��„... ,�.,� � z ', C f M � 3$., w�# � :7 .s }.�+3""� � � x M . -' �.C` I f '.�� '� �' .+c, t � T� $� Y . `.i • - �� , '� �, .�} �� '+'J xr�� ~+�'�" J���' , � r �� � � '� � �!' � ,� �_x;f � a. � , � �' . �� a�- � �5 .�� A .� .� �1 *}' .y.� �A���� ` � i: 'aj �� •��� . � 4 [ .�. . � . . } r�. . ' _ . ' ,�.� . , . . ., � , 1 �< .�e� t'�. . • . J'� �Y :+F .II , -�,. y " �3 s . � .. i~ '.dtK a,# `Y'i s�+-� ��,4 .� '�..�y '* ', •r� ��•� �µ �r � R« ' *� "�� {` f�+ � } •9P� '�� 4� �`�� 3 ssFfir. �.r., e� t `. t�h�.i,� S.R �Sa ~ .�; ;},` A +t��^ <.�J r..x. �� ..'S`,Yl. i� � �..f�' . . ,a�- a '� 2 , . � . ,. ^ .:. .,,� .� �... .. , _ " � yf � � � e n � }, ' ��� y..SS'• �' �, �.j, �,�� . — r* f . ' . -a �� r � � . .� � :� '� `4.: 5 `� �� } ..� f: 1 Afi �� . . Y �u .' ' ;"r `. • � � � '* � ,_ � ! :�.. ��:J" � �j�.�� '��' f . _y�, _� � G � ��s� .^.'�i IK it t `�' �.�r '='� .y �, w,c,`._ � ' �,}:' A;': � . �..- J„iy��,:� � �►;5' t p ` �����. � '�. � . M £� �� ��� :� } & � � ���a• ��i �,� � � .� * ,� ,� .� ��-� �. � � , _� •. ..y ,� n.„ � � , 2'*•{ .� ,. �iy# .r ,. '"�t '` ,,t. +�,� "���,.`� �� R,��rt `.t � ry� a' ?��` �� iyx� ,� 'a ez�,� � �. - �r � . y�.k , t � �c - �},,.,a ;.::: .'� *i�ti-. ` . • 4 i v� r.Y" +�5.,� „rt��+T� ' � �r.� ' .� . . ^ , .,s '�� t : . :. +e ��� � �, � � �. ��S 4�. � �' � .t * ;,�� �8v t'4�, �'�"; � � ,� 1�' � . x ... � ,� i�y'., •, f .` � .� � � � . ♦ � '+.v , �. . • ♦ ' •y ` b � i �' a �� , , � .. �' i� ` Y � '4*' '� ' � ,'S .z� .� . I i �iM ,t'� , l" j�� .�C+. .A ye��� iP� �t. _ � 4 M�I _J4'!4+ J i j. � 1 } .. y � 11�+ .� ; • � �+ �t r 4��A x^;� � "t f `'#�y�� $ /x' ♦ , ; i _ � : , . . w �i . .� r ,� •�. �� "'��d' �y� � '�,., ��° o, .. si 4� ,.��. . `;t � � ... a°�f '��, �� . -� J„�y. � .. . .. ..: , � +�+ � � ..'�`. . , �',Y .Yi F . �� vrt . ♦� .,��� �.. � � _ � °������� � ' ..� '� t: ' 9� � � :i e. ,*�"'�t��� . j�t t �,,�, S�'t n �. '�� �"� # ��•�• �_.1���;�i. � � �.: � '�- x . , .. � w ,�y� W+�. t� �.a4 y " ..." 4 'y ' t....�. . .'t5 . �� R �.#f_ ..._..y :r ..,-,' ']�Ys ..J�� . �.� . .�.i�� . .�3�."a � . �. . � Town of Hayward Counry of Sawyer __��c_;-���.;,r-- � _� SUBIECT: Condlt�onal Use A Ilcation Ai8•022 �' !:+ � _ ,,� �f�-j��� � 47��;,,1�" PP !' :) 'i: ��� �'_ n -- -- --•• - . � TO: Sawyer County 2oning&�Conservatfon Admlqlstrallon _' ;.�`,� � � �,;� iDbiO Main Street,�Sulte A49 ' ' '� � Hay+Nartl,Wisco�lsln 5A843 � �. � - �-�- E•qlail:Fone.dcouSy�sawvarcounivnov.ora ' ��-,�' . . . Owner: Unda Ryan 8l Kelth Ryan DBA Edelwelss Motel PlWne:715•63A-4679 16081W Park Road Eniall: ryansed�welss�yahoa.00m Hayward,WI 54843 � p�operty Dascriptton:Part of the NWi/d of the SEi/4;533,T412N,i109W;Pattel H010-941-33-4203;3.69 Totei Acres;Zoned Commerdal One. � Purpose qf request is ko have a Used Cer Sales est�¢Ilshrnent. Pubitc Hearing date: Novembe�'�i6;?01�s e�30AM;58Wy�e�CoW1tY.CQli�t}tQUEe OY Actlon of the Town eAard,use is: (} Approved (}Tabted �ealed / � 1e o.Muth IMian Dan Cous , upervi;or ary G daR, pefvlsor i i 1 . , ; . i � i Dear Boerd Membe�a: � � Your Tow�Boord dedslun Is an Intagral part M the dalslon making procPss for the SawYer W�q Za1M1 � Commluee. The Zoning Commtttae would qke your caoparatlon in staUng the reasons or oomments why you ePP�4 denied w mbl�!the request. I Na:tlnda Nyan&Kalth Ryan D9A Fdatwebs Motal,CUP qi&012 I i i � p.� SON al, I 3 I-ri, I fo i Dated thb �v'"'u( �VP�� .2o�G_ �����Gd 8ryn Hand qerk 2 • , bb/ 14/ 'Lbld ny: 4� /1�b�a�'1( ! Z ING PAGE 02/02 ' ' � I ' ` � ` � i SAW7i'�R COUNTY ZUNING COM]V�I'CI'�E ! Check list for Findidgs of��ct -� ' �,tezone and Condit�onal Use F �t A�PRQVA ' � The chan$e �n_zone_distr�ct andlor conditional-u�e-would-�ot-be contrary to the pub(ic I -- ------- -- _._. _ ___ -- i interest and would be in compliance wit� the spi�it of the zoning ordinance because: j � 1 It would not be dacraaging to the rights of others or pxo�erty values ' � It would not be detrimental to ecology, wi�d life, wetlands or shorelands. I' 3 It would z�ot crea�te an ai�r quality, wate�r supply, or pollution pxoblem. ' 4 It would not create topog�aphica� problems such as run off, drainage, erosion, �loodang, ox vegetanive cover ret�oval_ 5 It wou�d not create txa.f�c ox tughway access problems. ' 6 It would not destroy prime agricultural lands. 7 Tt would be compatible tivlth the surmunding uses and the area. 8 It would not c�eate an objectionable view, , ; GRAVEL PI�' RENEWALS AND INI'TIAL APP�tOVALS � Condition: Ownex must maintain compliance with th� requiremEnts of N,� 135 I Nonmetallic Nlining Reclamation and Sawyer County Ordinance_for._.Non-metall-ic --_ - - ' - --Mining-Reclamati�i.— - ---- - - -- - _. _- - - �OR i?ENIAL The change in zone district and/or condirional use would be contrary to th� ublic interest I and would not be ir� compliance with the spirit of the zoning ordinance because: I 9 Zt would be damaging to the nt�hts o�others and pxoperty values. 10 It would be detrimez�tal to ecology, wild life, wetlands or shorelands_ � I 1 Zt would create an air c�uality, water supply, or pollution problem, � �2 It would cre�te topographical problems such as run o#�, drainage, erosioz�, flooding, or vegetative cover removal. 13 Zt would create tra�c or highway access problems. 14 It would d.estroy �rime agricultural iands. � 1 S It would not be compatible with the surroundin� uses and the ar�a. 16 it would create at� objectionable view, Sawyer County Zoning and Conservation Administration 10610 Main Street, Suite 49 Hayward, Wisconsin 54843 (715) 634-8288 E-mail: zone.deputy@sawyercountygov.org � ;��� December 17, 2018 �� � � � r� ��_ Keith & Linda Ryan 16081W Park Road Hayward, WI 54843 Re: Administrative Appeal Case# 19-001— CUP 18-002 Keith & Linda, Your Administrative Appeal against case#CUP 18-022 will be heard at a Public Hearing before the Sawyer County Board of Appeals on Tuesday,lanuary 15, 2019.This hearing will begin at 6:00 PM in the Sawyer County Courthouse, 10610 Main Street, Hayward, Wisconsin. It is recommended that either you or a representative be present at the hearing. A lack of information about the appeal may result in unnecessary delay of a decision. Failure to appear may also result in the delay. This hearing will be limited to that evidence already in the "record". The Board of Appeals will not be conducting a de novo review and will not accept any new information. You shall be responsible for the presentation of all information supporting your case. The eoard may take a case under advisement for later consideration and determination, or may table or defer action whenever it concludes that additional evidence is needed or further study is required. The Board shall not be bound by court rules of evidence, but it may exclude irrelevant, immaterial, incompetent, unduly argumentative or repetitious testimony or evidence. If you have any further questions, please advise. Kathy Marks Sawyer County Zoning &Conservation Administrator